대여금
1. The plaintiff (Counterclaim defendant) shall dismiss the principal suit against the designated plaintiff (Counterclaim plaintiff).
2. The plaintiff (Counterclaim defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 16, 2001, F filed a lawsuit claiming a loan (U.S. District Court Decision 2001Noh 20805) against the Defendant and the Selection.
B. The selector was served on August 29, 2001 on the notice of recommendation for execution of the above case by Suwon District Court members, and on September 13, 2001, the decision became final and conclusive. On May 29, 2002, the defendant was sentenced to the following judgment on July 4, 2002, and the decision became final and conclusive.
The defendant shall pay F 20 million won and 25% interest per annum to F from January 23, 2002 to the day of complete payment.
C. On March 16, 2010, F applied for the order of seizure and collection against the third obligor of the third obligor’s land housing ( Daejeon District Court 2010TTTT 3504), and decided to accept it from the Daejeon District Court on March 17, 2010, but did not execute the order because there was no claim of the selector.
The F died on May 9, 201, and his heir was the Plaintiffs and G, who were their children, but G was missing without any lineal descendant and became final and conclusive on April 16, 2014.
E. On September 30, 201, the Defendant: (a) obtained a decision of immunity from Daejeon District Court (2010Hadan327) from Daejeon District Court (2010Hadan327); and (b) obtained a decision of immunity from Daejeon District Court under No.328 (No. 2010Hadan328) from the same day; and (c) each decision of immunity from October 19, 201 became final and conclusive.
[Ground of Recognition] A without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-8, Gap evidence 9-1 through 3, Gap evidence 10-1 through 3, Gap evidence 14, 15, Eul evidence 1 through 4, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant and the selector are jointly and severally liable to pay each of the plaintiffs 5 million won and delay damages with respect to each of the above amounts.
3. Judgment on the defendant's defense or counterclaim
A. Whether the extinctive prescription has expired or not, the Defendant’s loans of KRW 20,000,000 to the Defendant of F.